Second council loses citizenship powers after moving Australia Day celebrations

Darebin council has been stripped of the right to hold citizenship ceremonies less than 24 hours after voting to move its Australia Day celebrations and the assistant immigration minister, Alex Hawke, says Greens MPs will not be allowed to circumvent the ban.

The Melbourne MP Adam Bandt offered to hold citizenship ceremonies for Darebin’s neighbouring council, the City of Yarra, when that council voted last week against holding citizenship ceremonies on 26 January or using the term “Australia Day” in official correspondence.

But Hawke, in a statement on Tuesday, said that was a “false claim” and conducting ceremonies in that way would be an even further breach of the Australian Citizenship Ceremonies Code.

He withdrew Yarra council’s authority on Friday.

“While senators and members may – with the government’s authorisation and assistance – receive pledges of commitment; they must do so in accordance with the Australian Citizenship Ceremonies Code,” he said.

“The Greens political party will not be allowed to hijack Australia Day through a small group of Greens controlled local councils. The overwhelming majority of Australians support Australia Day remaining on January 26.”

Hawke stripped both Darebin and Yarra councils of their right to hold future citizenship ceremonies on the grounds that, under the code, ceremonies must be “apolitical, bipartisan, and secular”.

New migrants seeking to become citizens in both local government areas will be included in ceremonies in neighbouring councils, or at ceremonies conducted by the department of immigration and border protection, Hawke said.

According to legal advice received by Darebin council and published in a report explaining the proposal, the code is not legally binding but the minister nevertheless has unfettered discretion to withdraw his authorisation for councils or other approved bodies to hold citizenship ceremonies if he feels the code has been breached.

Darebin council voted 6-2 in support of not holding a citizenship ceremony on 26 January, despite a written warning from Hawke.

Two councillors who voted against the change asked for more time to consult with the community, particularly new migrants who would be affected by no longer being able to attend an Australia Day citizenship ceremony, as well as more time to consider the legal ramifications.

The council conducted limited consultation by distributing a survey to its 26 advisory groups. It received 81 responses, representing about 0.05% of the population.

The Victorian premier, Daniel Andrews, said the council’s decision was a “great shame” and that holding Australia Day celebrations on 26 January was “quintessentially Australian”.

“I think it’s a great shame that others are not prepared to do the hard work to get that balance right,” he said.

He said 26 January celebrations could be done in a respectful way that acknowledged the contribution and history of Aboriginal and Torres Strait Islander people.

The Darebin mayor, Kim Le Cerf, said Andrews’s comments were out of step with his government’s commitment to reconciliation.

“The Victorian government has said they’re committed to treaty and to true reconciliation with our people and I don’t think that’s in the spirit of that commitment,” Le Cerf said.

The Aboriginal affairs minister, Natalie Hutchins, told state parliament on Tuesday that the votes in Yarra and Darebin would not stop residents celebrating as they saw fit but she also echoed calls for further consultation.

“There will not be any council officers peering over the fence as they have a barbecue,” she said.